NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 338 of 2026 Sunil Kumar Patel S/o Narayan Prasad Patel Aged About 27 Years R/o Ghatadwari P.S. Urga, Distt.- Korba (C.G.)

... applicant (s)

versus Smt. Priyanka Shrivas W/o Sunil Kumar Patel Aged About 26 Years R/o Ghatadwari P.S. Urga, Distt.- Korba, (C.G.)

... Respondent(s)

For applicant (s) : Ms. Pooja Loniya, Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal

Order on Board

09.03.2026

1. This Criminal Revision is filed against the order dated 22.11.2025 passed by the learned Addl. Principle Judge, Family Court, Janjgir Champa, whereby the learned Family court has granted maintenance amount of Rs.3,000/- per month to the respondent/wife.

2. Brief facts of the case are that, in the year 2020-21, the applicant and non-applicant having love affair and thereafter on 24.02.2024, the present respondent lodged a report against the applicant with the allegation that she was subjected to rape by the applicant on the pretext of marriage and now, the applicant evading marriage with her. Thereafter, on 15.05.2024, both of them have married at Arya Samaj Sanskar Seva Samiti, Magarpara Road, Bilaspur. After their marriage, the applicant took her to his house at Ghatadwari and she started residing there. As and when, the applicant was extended the benefit of bail, he again started misbehaving her and then, the present respondent again made a complaint on 24.07.2024 at Police Station Urga. In that complaint also in the conciliation proceeding, compromise was taken place between the parties, yet, the behaviour of the applicant was not corrected and again started marpeet with the present respondent. She again made a complaint to the Police through dial 112 and thereafter, she was sent to along with her parents and since then, she was residing with her parents. She made an application under Section 125 of CrPC for grant of monthly maintenance with the averment that the present applicant is working as guest teacher at Higher Secondary School, Pharaswani and earning Rs. 20,000/- per month and also earning by working of Awasmitra, at Gram Panchayat Nawapara and Pakariya and earning Rs. 15,000/- per month. The present applicant is having 6 acre of agricultural land at Village Ghatadwari from which he is earning 3-4 lakhs per year, therefore, she claimed Rs. 10,000/- per month as monthly maintenance amount.

3. The applicant replied the application of the present respondent and denied the allegation and avert that he has been sent in jail in the false case of rape allegedly lodged by the present respondent. The applicant was a contract teacher and due to detain in jail on the false report of the present respondent, he is removed from his service and presently he is unemployed. The present respondent is presently working at Honda Activa Showroom and also earning from beauty parlour and mehandi art. She is also benefiting by the scheme of Mahtari Vandan Yojna and therefore, her application is liable to be rejected.

4. After hearing the parties, learned Family Court has partly allowed the application filed by the respondent and granted Rs.3,000/- per month as maintenance which is payable from the date of the order i.e.

22.11.2025. The order is under challenge in the present petition.

5. Learned counsel for the applicant would submit that the learned Family Court has passed the impugned judgment without properly appreciating the facts and evidence available on record and has committed grave illegality in allowing the claim of maintenance in favour of the respondent. The learned Court below failed to frame and adjudicate the vital issue as to whether the respondent was legally wedded wife of applicant and had sufficient and reasonable cause to live separately from the applicant, which goes to the root of the matter. The learned Family Court also failed to consider that the applicant had lost his job as a consequence of the false FIR lodged by the respondent, which fact was specifically brought on record before